ORDER LEONARD T. STRAND, United States Magistrate Judge. INTRODUCTION Defendant has filed a motion (Doc. No. 32) to strike certain portions of the indictment in this case as "surplusage." Plaintiff (the Government) has filed a response (Doc. No. 33). I conducted a hearing on December 30, 2013. Assistant United States Attorney Kevin Fletcher appeared for the Government. Defendant appeared in person and with his attorney, Rees Conrad Douglas. During the hearing, I granted the motion orally...
ORDER ACCEPTING REPORT AND RECOMMENDATION MARK W. BENNETT, District Judge. This case is before me on a Report And Recommendation from United States Magistrate Judge Leonard Strand, entered on September 5, 2013 (docket no. 17). In this case, the plaintiff, Chadwick Henn (Henn), appeals an administrative law judge's (ALJ's) decision denying Henn Title II disability insurance benefits and Title XVI supplemental security income because, according to the ALJ, Henn is not disabled and his work...
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION AND BACKGROUND ................................................739 A. Factual Background .....................................................739 1. The parties and principal actors ...................................739 2. David's consumption of microwave popcorn ...........................740 3. David's medical background and...
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE AFFIDAVIT OF PLAINTIFFS' EXPERT MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION .................................................................904 II. THE MOTION TO STRIKE .........................................................905 A. Procedural History .......................................................906 B. Arguments Of The Parties .............................
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION ............................................................1031 A. Factual Background ..................................................1031 B. Procedural Background ...............................................1033 II. ANALYSIS ................................................................1033 A. Summary Judgment...
MEMORANDUM OPINION AND ORDER LEONARD T. STRAND, United States Magistrate Judge. Plaintiff Aaron Vantuyl seeks judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying his applications for Social Security Disability benefits (DIB) and Supplemental Security Income benefits (SSI) under Titles II and XVI of the Social Security Act, 42 U.S.C. 401 et seq. (Act). Vantuyl contends that the administrative record (AR) does not contain substantial...
MEMORANDUM OPINION AND ORDER LEONARD T. STRAND, United States Magistrate Judge. Plaintiff Kelly J. Ditsworth seeks judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying her applications for Social Security Disability Insurance benefits (DIB) and Supplemental Security Income benefits (SSI) under Titles II and XVI of the Social Security Act, 42 U.S.C. 401 et seq. (Act). Ditsworth contends that the administrative record (AR) does not contain...
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION TO EXCLUDE EXPERT TESTIMONY AND REPORT OF DONALD LEACH, II, AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION .........................................................909 A. Factual Background For Summary Judgment ..........................909 1. Clay's arrest ................................................910 2. Clay's booking .........................
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION TO EXCLUDE EXPERT TESTIMONY AND REPORT OF DONALD LEACH, II, AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION .........................................................910 A. Factual Background For Summary Judgment ..........................910 1. Peters's arrest and booking ..................................911 2. Events upon arrival at the holding cell ............
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION AND BACKGROUND .........................................892 A. Factual Background ..............................................892 B. Procedural Background ...........................................896 II. LEGAL ANALYSIS ......................................................896 A. Summary Judgment Standards ............................
MEMORANDUM OPINION AND ORDER LEONARD T. STRAND, United States Magistrate Judge. Plaintiff Julie Loftis, proceeding on behalf of her now-deceased husband, Travis Loftis, seeks judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying Travis's applications for Social Security Disability Insurance benefits (DIB) and Supplemental Security Income benefits (SSI) under Titles II and XVI of the Social Security Act, 42 U.S.C. 401 et seq. (Act). 1 Julie...
MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT TUR-PAK FOODS, INC. LEONARD T. STRAND, United States Magistrate Judge. INTRODUCTION Defendant Tur-Pak Foods, Inc. (Tur-Pak) filed a pre-answer motion to dismiss (Doc. No. 14) that has been converted to a motion for summary judgment. See Doc. Nos. 17 and 19. Plaintiff Brian J. Streeter, proceeding pro se in this case, has not filed a response to the motion. The deadline for his resistance expired long ago....
ORDER CONCERNING MAGISTRATE'S REPORT AND RECOMMENDATION REGARDING DEFENDANT'S GUILTY PLEA MARK W. BENNETT, District Judge. I. INTRODUCTION AND BACKGROUND On March 27, 2013, an Indictment was returned against defendant Ryan Gene Hansen, charging him with conspiracy to distribute 500 grams or more of a substance or mixture containing methamphetamine which contained 50 grams or more of pure methamphetamine, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(A) and 846, and possessing with...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY LEONARD T. STRAND, Magistrate Judge. On September 6, 2013, the above-named defendant, by consent, appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count One of the Indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court determined that the guilty plea was knowledgeable...
RULING ON MOTION TO DISMISS DFONALD E. O'BRIEN, Senior District Judge. Presently before the Court is Defendant John Sells, Chad Morrow, Gayle Vogel, Anuradha Vaitheswaran, James Beeghly, and James Scott's Motion to Dismiss, Docket No. 3; and Defendants Amy Oetken and Darin Raymond's Motion to Dismiss, Docket No. 9. The parties appeared for hearing on August 28, 2013. After listening to the parties' arguments, the Court took the matter under consideration and now enters the following. I....
ORDER LINDA R. READE, Chief District Judge. This matter appears before the court on Michael James Kluge's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 (civil docket no. 2). Michael James Kluge ("the movant") filed such motion on February 24, 2012. Also before the court is the movant's motion to proceed in forma pauperis (civil docket no. 1), filed on February 24, 2012, the movant's motion for issuance of subpoenas (civil docket no. 3), filed on February 24,...
ORDER LINDA R. READE, Chief District Judge. This matter appears before the court on the defendant's motion for credit toward his sentence (docket no. 39). The clerk's office filed such motion on September 3, 2013. 18 U.S.C. 3585 directs that a defendant "be given credit toward the service of a term of imprisonment for any time he [or she] has spent in official detention prior to the date the sentence commences [if the official detention was] a result of the offense for which the sentence...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION LINDA R. READE, Chief District Judge. I. INTRODUCTION AND BACKGROUND On September 18, 2012, Plaintiff Shannon Jean Price filed a Pro Se Complaint (docket no. 3), requesting judicial review of the Social Security Commissioner's ("Commissioner") decision to deny her application for Title XVI supplemental security income ("SSI") benefits. In the Complaint, Price asks the court to reverse the decision of the Commissioner and order the...
ORDER REQUESTING ADDITIONAL BRIEFING MARK W. BENNETT, District Judge. I. INTRODUCTION This is a sua sponte order requesting additional briefing on issues raised—either directly or indirectly—in defendant Christopher Bailey's (Bailey's) sentencing memorandum (docket no. 433-1). In Bailey's memorandum brief, he requests a downward variance based, in part, on the disparity between districts in how the Government charges firearm enhancements under 18 U.S.C. 924(c). Without citing to any...
ORDER LINDA R. READE, Chief District Judge. I. INTRODUCTION The matter before the court is United States Chief Magistrate Judge Jon S. Scoles's report and recommendation (docket no. 33). Judge Scoles filed his report and recommendation on August 15, 2013. Such report and recommendation addressed an application for a writ of habeas corpus under 28 U.S.C. 2254 (docket no. 4), which was filed by Mark Emerson Willey ("petitioner"). In the report and recommendation, Judge Scoles recommends...
